Thursday, 22 January 2015
Why's people watching Ashfield Village Green?
Many of you will never have of the Barkas case but in Standish this has a big importance. This case was heard back in 2010 for a Village Green in North Yorkshire but they lost. They then appealed all the way to the supreme court and lost there too. Just like Wigan, many Council's now reject Village Green applications on the Barkas case. The reason is that the Barkas case said if a Council holds land for residents under the housing act 1985 then they are giving people permission to use that site for recreational purposes.
When the Barkas case outcome came from the Supreme Court many heads went down and I can understand that. However, I recognise that each case is judged on it's merit and I firmly believe that Ashfield case is fundamentally different. For obvious reason I will reframe from publishing this at the present time. Here is a link to the outcome for Barkas, should you wish.
However, I have submitted my argument to people that have knowledge and some legal expertise of this area and they too think that Ashfield is a good argument and that should we win as a Village Green then that sets a precedent for future cases on Village Greens and where people and communities can try and get village greens in their area.
Whilst the Council will be saying in every other word Barkas case in the up and coming public inquiry I will be saying and demonstrating just why we are different. I am getting messages of support from around the Country and saying we are watching your argument and case and seeing if our case fits more with yours then the Barkas case.
Posted by Cllr Gareth Fairhurst at 18:41